In the state of Ohio, alimony is officially called spousal support. Courts are allowed to grant alimony as a means of providing adequate sustenance to one party during and/or after a divorce proceeding. There is no formula judges must use in determining spousal support in Ohio. The court takes several factors into account within a legal framework that considers marriage partners to be equal contributors to the relationship.
Scope
In Ohio, alimony, or spousal support, may be ordered by the court pending the completion of divorce proceedings. Permanent or temporary spousal support is determined by the judge after marital property has been divided. Either the woman or the man may be ordered to provide spousal support, depending on who has been the primary financial provider. As a general rule, once alimony is ordered, it may not be changed unless one or both parties experience significant changes in income. In that case, one or the other party can request that the court review and change the amount awarded. Spousal support may be used for any necessary expense. Such expenses include, but are not limited to, items like food, clothing, transportation and rent.
Considerations
Judges in Ohio have considerable latitude when deciding how much spousal support to order and for how long. Major factors that affect decisions include the parties' relative incomes, education and earning ability. Judges also take into account age, health, retirement income and the duration of the marriage. If the receiving spouse needs to return to school or care for children, these factors affect the judge's decision-making process, as does the extent to which the receiving spouse may have helped the other gain an education or training. The court also looks at the standard of living the parties have had in the past and at their relative assets. Finally, judges may take other factors into account that seem relevant.
Termination
Under the provisions of Ohio law, an award of spousal support may be temporary. In that event the support terminates automatically at the end of the court-ordered time period. Support obligations also terminate upon the death of either spouse. Finally, the receiving spouse loses entitlement to spousal support if he or she remarries or lives with a significant other.
